HomeMy WebLinkAboutMINUTES - 02131990 - 1.28 r
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TO: BOARD OF SUPERVISORSontra
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FROM: !l �.., �.,. mow/
Phil Batchelor, County Administrator
c _ Costa
February 5, 1990 . ,
DATE: r� ilr County
CGCK
SUBJECT: LEGISLATION: SB 1786 (Boatwright)
SPECIFIC REOUEST(S)OR RECOMMENDATIONS)&BACKGROUND AND JUSTIFICATION
RECOMMENDATION:
Adopt a position of SUPPORT for SB 1786 by Senator Boatwright
which would authorize the seizure of a boat, airplane or vehicle
which has been used to facilitate specified controlled substance
violations occurring on or within 1000 yards of any public or
private school, college or university.
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BACKGROUND-
Existinglaw
provides for the forfeiture of, among other
properties, thel interest of any registered owner of a boat,
airplane, or vehicle which has been used in any manner to
facilitate the possession for sale or the sale of 7 . 125 grams or
more of a substance containing either heroin or cocaine base, or
14. 25 ,grams or more of a substance containing a Schedule I
controlled substance (see attached list of Schedule I substances)
except marijuana, peyote or psilocybin, or five pounds dry weight
or more of mar1juana, peyote, or psilocybin, or 14.25 grams or
more of a substance containing cocaine or methamphetamine, or
14.25 grams orl more of a substance containing a Schedule II
controlled substance (see attached list of Schedule II
substances) .
SB 1786, as introduced, would expand this provision by providing
that the interest of any registered owner in a boat, airplane or
vehicle is subject to forfeiture when the boat, airplane or
vehicle has been used in any manner to facilitate any violation
of various crimes regarding the possession, possession for sale,
transportation, etc. of controlled substances, or any violation
of any section of the Health & Safety Code prescribing the
I
CONTINUED ON ATTACHMENT:) �S YESI
SIGNATURE:
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
APPROVE OTHER
SIGNATURE S
ACTION OF BOARD ON- Feb APPROVED AS RECOMMENDED OTHER
I
VOTE OF SUPERVISORS
y I HEREBY CERTIFY THAT THIS IS A TRUE
-4-UNANIMOUS{ABSENT AND CORRECT COPY OF AN ACTION TAKEN
AYES: NOES! AND ENTERED ON THE MINUTES OF THE BOARD
ABSENT: ABSTAIN: OF SUPERVISORS ON THE DATE SHOWN.
Senator DanieliE. Boatwright (Via CAO)
CC: County Administrator ATTESTED__ FEB 13 199n
District Attorney PHIL BATCHELOR,CLERK OF THE BOARD OF
Sheriff-Corone I SUPERVISORS AND COUNTY ADMINISTRATOR
Public Defender
County Prob4tion Officer
Health Services Director
M382 (1alae) Drug Program Administrator BY DEPUTY
Chairman, DruglAbuse Advisory Board
Inc gnahnn CR,1 I1ArVcnn RArich 9 AccnriAfpc
unlawful possession of a controlled substance, including, but not
limited to, more than 28 . 5 grams of marijuana, or any violation
of statutes prohibiting conspiracy to possess, manufacture, sell,
possess for sale, offer for sale or offer to manufacture a
controlled substance or conspiracy to commit at least one of
those offenses where the offense occurs on or within 1000 yards
of any public or private school, college or university.
SB 1786 provides that the changes made to the forfeiture statute
by SB 1786 will remain in effect only until January 1, 1994 and
as of that date are repealed. SB 1786 also authorizes any peace
officer making, subsequent to making or attempting to make an
arrest for any of the violations added to the forfeiture statute
by SB 1786 may seize any item subject to forfeiture under the
forfeiture statute. SB 1786 also provides that this provision
will remain in effect- only until January 1, 1994 and as of that
date is repealed.
Since SB 1786 authorizes the forfeiture of a vehicle used to
purchase a variety of controlled substances, in that it applies
to the possession or conspiracy to possess a variety of
controlled substance, when such offense occurs on or with 1000
yards of a public or private school, college or university the
bill appears to be consistent with at least one item in the
Board' s 1990 Legislative Program. It therefore appears
appropriate for the Board of Supervisors to indicate its support
for SB 1786 and authorize the County' s legislative representative
and all appropriate County employees to lobby for passage of SB
1786.